Australia and China to increase cooperation on mergers regulation

22 May 2014

The Australian Competition and Consumer Commission and the Ministry of Commerce of the People's Republic of China (MOFCOM) have signed a memorandum of understanding.

ACCC Chairman Rod Sims said the agreement paves the way for increased communication and cooperation between the agencies on mergers which affect both the Australian and Chinese markets.

"The scope of the agreement allows the agencies to exchange information on the definition of markets and theory of harm as well as impact assessments and the design of merger remedies, subject to confidentiality and privacy requirements in each jurisdiction."

MOFCOM is one of three bodies administering China’s Anti-Monopoly Law. It is the agency responsible for mergers regulation.

Mr Sims said the ACCC welcomes the opportunity to strengthen ties with MOFCOM’s Anti-Monopoly Bureau.

"As part of the agreement, we plan to discuss our competition laws and policies and we look forward to sharing our experiences in law enforcement."

"For both countries, the MOU recognises the importance of cooperation in the field of competition regulation," Mr Sims said.

Addressing the American Bar Association’s Anti-trust in Asia conference in Beijing on Thursday, Mr Sims noted the importance of having closer engagement with competition regulators in Asia, particularly in relation to global mergers and cartels.

"The rise of anti-trust in Asia means the merger processes and remedies imposed by our counterparts have an increasing prospect of affecting Australian companies and consumers."

Mr Sims said the ACCC is working to develop strong and long-term relationships within the Asian region.

"The ACCC has entered, or is at an advanced stage of negotiating, memoranda of understanding with a number of our Asian counterparts to facilitate practical and cooperative relationships."

See the memorandum of understanding signed by MOFCOM Anti-Monopoly Bureau Director-General Shang and the ACCC Chairman.

Release number: 
MR 119/14
ACCC Infocentre: 

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